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Banff appeal board rejects appeal by Nova Cannabis

BANFF – A cannabis retail giant’s move to shut down a local pot vendor has been tossed out by Banff’s development appeal board amid arguments the case was simply about eliminating a competitor. Alcanna Inc.
A cannabis retail giant’s move to shut down a local pot vendor has been tossed out by Banff’s development appeal board amid arguments the case was simply about eliminating a competitor.

BANFF – A cannabis retail giant’s move to shut down a local pot vendor has been tossed out by Banff’s development appeal board amid arguments the case was simply about eliminating a competitor.

Alcanna Inc., an established cannabis retailer that owns Nova Cannabis, has a permit to open up in the basement of Sundance Mall, but appealed approval of Banff’s only street-level cannabis retail store at 203B Bear St., arguing it violated sections of Banff’s land use bylaw.

But Calgary lawyer Christopher Souster argued his client, longtime local Jeff Hines, had met all bylaw requirements to open up Spiritleaf on Bear Street, adding he believes Alcanna’s appeal is simply about eliminating a competitor with a street level retail location.

“This is about retail competition and this is not a planning consideration for this board,” said Souster of Calgary-based Riverside Law office during the DAB hearing last Thursday (April 18).

“Alcanna does not want someone else to have a storefront property. I believe that what is occurring here, is this is a twisting and misinterpretation of the bylaws by Alcanna to try to eliminate competition.”

Alcanna, which owns Nova Cannabis, wants to open 37 cannabis stores in Alberta.

Stirling Wood, the company’s leasing supervisor, said the appeal is about getting clarity on where cannabis stores can be opened, noting his company has been in talks with two to three landlords in the hope of securing a location at street level, not a basement.

“I don’t think of this as just about competition, because our office wants to do this, our office wants to build a store on Banff Avenue,” said Wood.

“I think we will all learn about where you can and cannot operate a retail store in Banff. I think that’s the goal here.”

Banff’s Municipal Planning Commissions approved Hines’ request in February for a change of use to open up Spiritleaf at 203B Bear St., which was previously the location of the Great Canadian Dollars Store.

The street level location has windows that face the Bear Street sidewalk, which would violate the land use bylaw that states storefront cannabis retail premises can’t have a window facing a sidewalk or lane.

To deal with this, the exterior of the building is undergoing renovations that would result in there being no windows facing the street and bringing it into compliance with the bylaw.

The front of the cannabis premises will have a door only, and an interior wall is also being built to meet AGLC requirements that prohibit cannabis products and other cannabis related products being visible from the exterior of the premises.

Alcanna said that Hines and MPC did not comply with the bylaw or serve to meet the AGLC requirements, arguing there was a discrepancy between the two.

“For us, this is about ensuring that everyone plays by the same rules,” said Wood.

Mayor Karen Sorensen, who sits on the DAB as a council representative, said she believes the bylaws are crystal clear on where you can and cannot have a cannabis store.

“It’s hard not to interpret some of your comments in your letter of March 21 as this being about competition,” she said.

After the hearing, Wood said he believes the decision clarifies how the land use bylaw applies to cannabis stores.

“You can remove your window by giving it to your next door neighbor as a display window,” he said. “I think if that’s the intent of that, then I think that’s how everyone can proceed moving forward.”

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